How Homeowners Can Win Foreclosure Cases   Homeowners with Courage and Conviction Generally Win Foreclosure Cases Neil Garfield I often receive links to cases that either corroborate what I have been saying or challenge my conclusions. Many of those links are opinions...

A Promissory Note is NOT a debt. It is evidence of the debt and terms of repayment. Neil Garfield I can remember back when Nova Law Center was an old building on what and been a World War II airstrip. My fellow students and I would satisfy our need for speed on those...

Quiet Title Actions, Multiple Scenarios and Suspected Court Overreach   Deadly Clear May 3 Reblogged from Clouded Titles Blog: (BREAKING NEWS, OP-ED) -- The author of this post is a paralegal and trial consultant to attorneys on chain of title issues. The article is...

Post Foreclosure Options If the house is sold, is there anything I can do? Neil Garfield At least 40% of the inquiries received by my office ask what they can do after the auction has occurred or even after the REO property has been liquidated. As I have stated...

Deutsche Bank Searched Over Anti-Money Laundering Report (Bloomberg) -- Deutsche Bank AG’s offices in Frankfurt are being searched by law enforcement authorities over reports about potential money laundering that were filed by the lender. Police were at the bank’s...

Homeowners Alert! You Are Corresponding With Machines, Not People. Neil Garfield Most people do not spend their time keeping up with advances in technology. When it comes to their front door they know it has arrived. For about 12 years I have been telling people that...

Why the CFPB Announcement is Very Important Neil Garfield when the time comes that a judge enters an order or judgment containing findings of fact, for example, that the records of the designated "servicer" are not business records that are not exempt from the hearsay...

Foreclosure Daily News Update ⋅ April 27, 2022 NEWS Where Foreclosures Could Take Years to Process | Realtor Magazine Realtor Magazine Homes foreclosed on in the first quarter have been in the foreclosure process an average of 917 days—about 2.5 years, according to...

Post Foreclosure Trial Options When the homeowners loses in the trial court what are the options?   Foreclosure litigation is a very special type of case. Normal rules of limitation and basic requirements of proof have been softened in favor of giving lawyers the...

JURISDICTIONAL CHALLENGES MUST NOT BE AIMED AT THE MERITS OF THE CLAIM Neil Garfield Apr 25 "Jurisdiction" is a term used to define whether or not the court has any authority to hear the case. Filing a bogus claim DOES invoke the jurisdiction of the court as long as...

How to use your knowledge of securitization to win foreclosure and quiet title cases Neil Garfield Apr 22 In an effort to show the relevancy of securitization in the collection businesses established with each new transaction with homeowners, I have had some...

How to Win a Foreclosure or Quiet Title Lawsuit Homeowner Beliefs and Fears Drive Losses in Court Neil Garfield There is no "YES". There are many people who get angry with me for ascribing some blame to the homeowners themselves for the toxic economic environment and...

  Mortgage Fraud Daily News Update ⋅ April 19, 2022 NEWS MLO Mentor: HECM fraud and abuse | firsttuesday Journal First Tuesday Journal This article discusses abuse, theft, and fraud schemes related to Home Equity Conversion Mortgages (HECMs). 9 mortgage scams you...

MERS and the problem of false agency Posted on April 19, 2022 by Neil Garfield Since the beginning of this century, The initial transaction with homeowners was the product of multiple layers of paperwork, most of which were neither identified nor accessed by consumers...

Fake Notices from Fraudulent Mortgage Loan Servicers  Notices To and From Servicer Might Mean Nothing at All by Neil Garfield In homeowner finance, ALL claims start with notices from third parties with whom the homeowner has previously had no communication. My...

Interlocutory Appeals in Foreclosure Defense   Don’t wait until the end: Interlocutory appeals succeed where the issues are narrow by Neil Garfield Aggressive litigation means basically that the lawyer or pro se litigant uses every tool in the box to force the...

Mortgage Fraud Daily News Update ⋅ April 14, 2022       Robert Morgan surrenders $16.3 million to feds to settle mortgage fraud case - Buffalo News Buffalo News Robert C. Morgan didn't just plead guilty to a felony related to mortgage fraud this week. The developer...

Former Sheriff Incarcerated for Refusing to Shut up about Guardianship Abuses By Janet Phelan As shock waves, initially engendered by the revelations of abuse in the high-profile conservatorship of pop star Britney Spears, begin to subside, another guardianship case...

Facts About Bad Mortgage Loans How significant a risk is noncompliance with consumer protection laws? The mortgage industry is struggling to comply with consumer protection laws. A remarkable report published by the FDIC Office of the Inspector General reveals that...

Why the UCC Matters in Foreclosure Cases by Neil Garfield The problem as illustrated by many scholarly articles and articles on this blog is that courts are given to treat plaintiffs and claimants as holders in due course without anyone asking them to do so. The first...

  You Don’t Need to Call a Forensic Investigator as an Expert: He or she can be called as a fact witness thus avoiding any requirements to qualify an expert. by Neil Garfield I keep getting messages from homeowners who are furious with the corrupt system of the courts...

Mortgage Servicer Fraud Exposed  It’s the small stuff that reveals the fraud by Neil Garfield Several contributors to the blog have identified specific information regarding the true owner and operator of physical mail addresses used in connection with correspondence,...

What Are Zombie Second Mortgages? The zombie mortgages that are wreaking havoc today are second mortgages. Many were originated by predatory lenders in the years leading up to the 2007 financial crisis. During that era of frenzied lending, brokers often combined first...

Mortgage Fraud Daily News Update ⋅ March 28, 2022   Court convicts 50-year-old man over fraud | The Guardian Nigeria News The Guardian Nigeria News Justice Oluwatoyin Taiwo of a Lagos Special Offences Court has convicted a 50-year-old man, Abiodun Adeola Sadiq, for...

Truths about Foreclosure Defense Gary Dubin on the Attack in California: Simple Truths About Foreclosure Defense by Neil Garfield Dubin reports that the status of judicial consensus in California is pretty much the way it was before he entered the battle in Hawaii. I...

Avoid mortgage loan modification scams March 26, 2022       Millions of homeowners struggled to make their mortgage payments during the COVID-19 pandemic, and it’s important for all homeowners to know about mortgage loan modification scams and how to avoid them. The...

A Victim's Story From The Heart - Share Yours! Three-time victim of foreclosure, Paris Dube, shares her personal story with all of you. She knows the stories all too well, since as a paralegal, she's prepared hundreds of her FACT Reports for those folks. Paris...

Foreclosure Daily Update ⋅ March 25, 2022       February Foreclosure Starts Dip Following January Spike - DSNews DS News Black Knight has released its “first look” at the February 2022 mortgage data finding that the national delinquency rate nearly returned to ...    ...

Fake Money Fraudulent Mortgages Do you have a fraudulent mortgage? Do you want to sue the bank for mortgage fraud, or foreclosure fraud? If so, join FRAUD STOPPERS because we have a proven way to help you save time and money and increase your odds of success getting...

Mortgage Fraud Daily News Update ⋅ March 23, 2022   CFPB Issues Policy on Contractual 'Gag' Clauses and Fake Review Fraud Consumer Financial Protection Bureau Many families learn about and shop for credit cards, mortgages, and other financial products online,...

Mortgage Servicing Fraud    About that “servicer” by Neil Garfield If you refer to the company that has been named as the "servicer" for your "loan", as your servicer or your lender, you are already wrong. Regardless of what company is named as "servicer", it is not...

How to Use RESPA Qualified Written Request (QWR) in Foreclosure Defense  Qualified Written Request (QWR): How to use RESPAby Neil Garfield RESPA is a consumer protection statute that regulates the real estate settlement process, including loan servicing and...

Business Record Exception to Hearsay   Oregon Case Directly Corroborates My Analysis of Business Record Exception to Hearsay by Neil Garfield The bottom line and the importance of this analysis is that the basis for any claim in foreclosure is the enforcement of...

Wading through the difference between substantive claims or theories and the procedural opportunities to present them by Neil Garfield A recent exchange of correspondence from a good client of mine (one of the legacy cases I am still directly litigating) produced...

Foreclosure Defense Information “Payment History” is not the loan receivable account by Neil Garfield The payment history is not the loan receivable account by definition and it is never presented as such. Failure to recognize this obscure fact often results in...

2022: Recap of what we know about foreclosures and securitization by Neil Garfield Here is a line from another lawyer that I spoke with:"The investment banks were not selling securities and they can't say that they were because if they did say that then they would be...

  Wilmington Entities in Foreclosure by Neil Garfield The "Wilmington" name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the "Wilmington" name appears in foreclosure cases, it is an attempt to...

  Delaware Federal District Court Challenges the Ghost Nature of REMIC Trusts and BY Implication the Role of Trustees by Neil Garfield This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of...

131 Federal Judges Broke the Law by Hearing Cases Where They Had a Financial Interest Join the demand for compensation from judges who have broken the law by hearing cases in which they have a financial interest and who abuse their power NOTES: I would be grateful if...

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence by Neil Garfield The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled "Spoliation of Evidence and Non-party witnesses." The...

Former Florida Supreme Court Justices issue Ominous Warnings about our Judiciary & The Evidence Against Bank of America and their Lawyers Please join us. We need all our prayer warriors!   I have two hearings Wednesday and Thursday of this week before Judge Migna...

“I challenged that and the judge completely ignored the report and my challenge”: How homeowners without knowledge of legal requirements for practice in court lose cases they could have won. by Neil Garfield People often tell me that they challenged something in court...

Why You Need to Perform Investigation of Real Facts in the Real World by Neil Garfield I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they...

If you want to stop a foreclosure sale, sue for mortgage fraud, quiet title, or wrongful foreclosure, file bankruptcy to stop a foreclosure sale using a little known bankruptcy secret to become mortgage free and walk away with a free house, you need several things to...

        Foreclosure Daily News Update ⋅ December 14, 2021           Not all Forced-Sale Mortgage Foreclosures are Exempt from Avoidance as Fraudulent ... - JD Supra JD Supra The United States Supreme Court held in BFP v. Resolution Trust, that properties sold at...

  You Can Use This As a Template for How I Would Respond in a Discovery Dispute — Especially with Wells Fargo, Fannie Mae and Wachovia as the Originator by Neil Garfield In a dispute between the attorney for the homeowner and the attorney for the alleged "lender",...

        Foreclosure Daily News Update ⋅ December 13, 2021           Worried your house might end up in foreclosure? $197 million in relief funds can help - Yahoo News Yahoo News The money can help homeowners catch up on mortgage delinquencies and prevent defaults and...

Greetings to you all:   For some of you, it is has been a long time since we have spoken. Life does get busy and my client base is quite large so keeping in touch with everyone proves to be difficult. But I come to you today because I have promised each of you...

        Mortgage Fraud Daily News Update ⋅ December 10, 2021           Former Phoenix police officer arrested for PPP loan fraud - TheGrio TheGrio Former officer Toni Richardson is facing federal fraud charges after allegedly falsifying an application for the Paycheck...

Homeowners Win Only When They Litigate Properly — Not Because They Are Right by Neil Garfield There is a difference between securitization, on the one hand, and securitization of debt, on the other. They are not the same thing. The entire scheme that is currently...

COVID OSHA REGULATIONS RULES AND MANDATE MADNESS   Please donate to support this work and spread the word at https://standupmichigan.com/   COVID_Article_Final OSHA, REGULATIONS, RULES, AND MANDATE MADNESS By Kristen Meghan, Sr. Industrial Hygienist Tammy...

Stop the Foreclosure Crisis To All Local, State and Federal Government Officials:      We, the people of the United States of America, are appalled by the ongoing foreclosure crisis and demand a new foreclosure and eviction moratorium until these issues are...

It's a business. Anyone can make a claim. Anyone can say that they are representing someone who has a claim. If you don't contest it, the claim might be presumed as valid even though it has no basis in fact. The investment banks don't want you to read articles like...

Magna Bank, N.A. as Trustee for registered holders of certificates issued under the name of the Macandcheese Acquisition Trust, Inc. an inactive corporation, for a nonexistent trust, series 2022-XL-1 by Neil Garfield So a friend of mine left her phone in my car. Here...

How Could This Not Be a Loan? by Neil Garfield I think the one idea that sticks in the throat of nearly everyone is the idea that no money was loaned. That idea seems impossible and to many skeptics, it sounds like a snake-oil salesman trying to peddle what people...

Hi, everyone! I hope you are having a great start to your holiday season! American Property Owners Network ( APON) IS CALLING ON ALL THOSE WHO CARE to organize nationally against the fraudclosure machine! PLEASE SPREAD THE WORD! We need to meet to discuss networking,...

HOW THEY DID IT: CONVENTIONAL LOAN TRANSACTION EXPLAINED by Neil Garfield The following link leads to an oversimplified chart of a conventional loan transaction, leaving out the actual people at each step and leaving out several of the computer servers:CHART:...

Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.   Revised UCC Article 9, IRC 1031 Like Kind Exchange Transactions, and Liens on Real Property.Did the lien’s beneficial interest maintain perfection, and was it therefore...

If you have a reverse mortgage foreclosure to stop FRAUD STOPPERS can help you uncover if you have legal standing to sue for financial compensation, clear and free title to your home or better both! Join FRAUD STOPPERS PMA today and let us help you get the legal...

Missouri Attorney General Files Suit Against Springfield Public Schools for Sunshine Law Violations After Requesting Documents on Critical Race Theory in Schools November 16, 2021Contact: Constituent ServicesOffice: 573-751-3321 SPRINGFIELD, Mo. – Today, Missouri...

If you want to Stop Foreclosure and stop Mortgage Fraud you must get legal education, legal support, and legal documents. FRAUD STOPPERS has everything you need to Stop Foreclosure and Mortgage Fraud including: legal education, legal documents, court ready evidence,...

Dear Commissioners for the Biden Administration and Court Clerks please stop trespassing upon our private business. Attached are just one example of the documentation of financial warfare for which we have presented to the treasury and the military provided for ex FBI...

Unilateral Mistake: Equitable Defenses Explained — How homeowners can get the upper hand and defend against enforcement of contract that is different from the one they knew or intended by Neil Garfield Homeowners are missing out on a huge opportunity for economic gain...

Are you behind on mortgage payments? Are you in or facing a foreclosure and at risk of losing your home? There are two main options to save your finances: a Chapter 13 bankruptcy or a Chapter 7 bankruptcy, and our experienced Nebraska bankruptcy attorneys are here to...

131 federal judges oversaw cases involving companies in which they or their families owned stock BY DEBRA CASSENS WEISS SEPTEMBER 29, 2021, 10:37 AM CDT A Wall Street Journal investigation has found that 131 federal judges oversaw 685 court cases in the last decade...

Want to allege fraud? Not so fast by Neil Garfield Both homeowners and lawyers like to throw around the term "fraud upon the court." But it actually ends up diminishing the credibility of both. There are several reasons why you should not allege fraud unless you have...

To our government officials Hi, fraudclosure heroes! Please forward the info below (and link to workshop Sunday ) to all who you consider leaders in helping victims of fraudulent foreclosure. Our board members, member-leadership, advisory board members and other...

Those letters from the lawyer for the alleged “servicer” named PHH by Neil Garfield It is true that someone will execute a release of the lien. What is not true is that they have any authority to do so --- nor is it true that PHH has any right to receive any money,...

  FRAUD STOPPERS is the only organization, to our knowledge, that can provide you (and your attorney) with loan level data and mortgage securitization information for all Government-Sponsored Enterprise Mortgages, including Fannie Mae, Freddie Mac, Ginnie Mae,...